Jotheeswari vs C.R.Kamini
2023 Latest Caselaw 4303 Mad

                                                                              CMP No.8567 of 2020
                                                                        and AS.SR.No.46727 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                               DATED: 17.04.2023
                                                       CORAM:
                                  THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                     and
                                   THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                              CMP No.8567 of 2020
                                           and AS.SR.No.46727 of 2015




                     1. Jotheeswari
                     2. Palani                                     .. Petitioners/Appellants


                                                        Vs.


                     1. C.R.Kamini
                     2. Kamalavathy
                     3. Mathivel
                     4. Chinnammal
                     5. Santhi alias Parvathy
                     6. Baskaran
                     7. Uma
                     8. Baby
                     9. Vairavan
                     10.Sivakami
                     11.Minor Hariprasad
                     12.Minor Gowthami                          .. Respondents/Respondents
                     [Minors 11 and 12 rep. by Court
                      Guardian K.Vijayan]

                     Page No.1/4


https://www.mhc.tn.gov.in/judis
                                                                                      CMP No.8567 of 2020
                                                                                and AS.SR.No.46727 of 2015




                                  Prayer in CMP.No.8567 of 2020: This petition has been filed under
                     Order IV Rule 9(4) of AS Rules to condone the delay of 1693 days in
                     representing the above first appeal.




                                  Prayer in AS.SR.No.46727 of 2015: This Appeal Suit filed under
                     Section 96 CPC read with Order 41 Rule 1 & 2 against the judgment and
                     decree of the learned Principal District Judge of Krishnagiri, dated
                     09.03.2015 in O.S.No.38 of 2012.


                                       For appellants   : Mr.N.E.A.Dinesh

                                       For respondents
                                       for RR1, 5 to 10 : Mr.K.Narayanan


                                                         JUDGMENT

(The Judgment of the Court was delivered by S.VAIDYANATHAN, J)

This Court, vide order dated 17.03.2023, allowed the miscellaneous

petition on condition that the appellants should pay costs of Rs.5,000/- to

Cancer Institute, Chennai, within a period of one week from the date of

receipt of a copy of the order.

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https://www.mhc.tn.gov.in/judis CMP No.8567 of 2020 and AS.SR.No.46727 of 2015

2. Today, it is represented that the conditional order dated 17.03.2023

has not been complied with. Hence, the miscellaneous petition stands

dismissed. Consequently, the appeal suit is rejected at the S.R. stage itself.

No costs.

(S.V.N.J.,) (R.K.M.J.,) 17.04.2023 Speaking Order: Yes / No pvs

To

1. The Principal District Judge, Krishnagiri

2. The Section Officer, V.R.Section, High Court, Madras

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https://www.mhc.tn.gov.in/judis CMP No.8567 of 2020 and AS.SR.No.46727 of 2015

S.VAIDYANATHAN, J and R.KALAIMATHI, J

pvs

CMP No.8567 of 2020 and AS.SR.No.46727 of 2015

17.04.2023

Page No.4/4

https://www.mhc.tn.gov.in/judis